FAI Arb FAI Arbitration Rules 2024
FAI Arb
FAI Arbitration Rules 2024
22.1 All arbitrators are subject to confirmation by the Institute. The mandate of an arbitrator shall begin upon such confirmation.
22.2 The Secretariat may confirm an arbitrator if:
(a) the prospective arbitrator’s Statement contains no qualifications regarding their impartiality or independence; and
(b) no party has objected to the confirmation within the time limit set under Article 21.3.
22.3 In all other cases, the Secretariat shall refer the matter to the Board for its decision. The Board may decline the confirmation only if the prospective arbitrator fails to fulfil the requirements of impartiality and independence set forth in Article 21.1, or if the prospective arbitrator is otherwise unsuitable to serve as arbitrator. The Board has no obligation to give reasons for its decision.
22.4 Where the Board declines the confirmation of an arbitrator nominated by a party or by arbitrators, it may:
(a) give the nominating party, or the nominating arbitrators as the case may be, an opportunity to make a new nomination within the time limit set by the Institute; or
(b) in exceptional circumstances, proceed directly with the appointment of an arbitrator chosen by the Board in accordance with Article 22.5.
22.5 When appointing arbitrators, the Board shall consider:
(a) any qualifications required of the arbitrator by the agreement of the parties;
(b) the nature and circumstances of the dispute;
(c) the nationality of the parties and of the prospective arbitrator;
(d) the language of the arbitration, the seat of arbitration, and the law or rules of law applicable to the substance of the dispute; and
(e) any other relevant circumstances.
22.6 If the parties are of different nationalities:
(a) the sole arbitrator shall be of a nationality other than those of the parties; and
(b) the presiding arbitrator shall be of a nationality other than those of the parties and party-nominated arbitrators,
unless otherwise agreed by the parties, or unless the Board in special circumstances determines that it is appropriate to appoint a sole or presiding arbitrator with the same nationality as any of the parties or party-nominated arbitrators.
22.7 In the event of any failure in the constitution of the arbitral tribunal under the Rules, the Board shall have all powers to address such failure and may, in particular, revoke any confirmation or appointment already made, appoint or reappoint any of the arbitrators and designate one of them as the presiding arbitrator.
Imported: